Section 5 Firearms Act 1968
Title: Firearms
Offence: A person commits an offence if, without the written authority of the Defence Council, he has in his possession, or purchases or acquires, or manufactures sells or transfers any of the prohibited weapons and ammunition listed in section 5(1).
Legislation: section 5 Firearms Act 1968
Commencement Date: 1991
Mode of Trial:
- TEW prior to 22nd January 2004
- Offence committed after 22nd January 2004 as follows
- Intidictable only ss5(1)(a),(ab),aba),(ac),(ad),(ae),(af), and (c) and s5(1)(1A)(a) class 3 offence
- TEW- ss5(1)(b), and ss5(1)(1A)(b),(c), (d),(e),(f) and (g) class 3 s51 and sched 6 FA 1968 amended by s288 CJA 2003
Statutory Limitations & Maximum Penalty: 10 years for all s5(1) offences whether IO or TEW. However some offences attract a mandatory minimum sentence, they are:
- Offences committed after 22nd January 2004
- Where the offender aged 16 or over at the time of the offence and
- Offence is 5(1)(a),(ab),(aba),(ac),(ad),(ae),(af),(c) or 5(1A)(a)
- Minimum sentence
- 16 and 17 year olds 3 years
- 18 and over 5 years (on or after the 28/5/07, prior to that 18-20 could not receive the MMS)
Sentencing Range: Minimum sentences do not apply to offences under s5(1)(b) cs gas, taser etc.and ss5(1A)(b)-(g). Most case law pre-dates the minuimum mandatory sentence.
Aggravating & Mitigating Factors
R v Avis (1998) 1 Cr.App.R 420 CA
Relevant Sentencing Guidelines (If Any)
R v Avis (1998) 1 Cr.App.R 420 CA
Relevant Sentencing Case Law
The following cases pre-date the minimum term sentenced set out in s51A FA 68
R v KENT (1996) 2 Cr.APP.R(S) 381
Revolver 5 years
R v DICKENS (1997) 2 Cr.APP.(S) 134
Loaded sub machine gun, 2 sawn off shot guns and ammo 8 years
R v HEDGES (1998) 1 Cr, APP.R(S) 35
Found with deactivated sten sub machine gun and various components to make it work again. 2 months
AG Ref No.49 of 1998
Possession of a self loading pistol and ammunition for own protection 6 years
R v LUTY (1999) 2 Cr.App.(S) 81
Defendant built sub machine guns from spare parts. Search of address revealed various components for making more and ammunition 4 years
R v APLIN (2000) 2 Cr.App.R(S) 89
Firearms dealer imported his own weapons back into the country 18 months
R v MORGAN (2004) 1 Cr.App.R(S) 20
Ex MOD armourer found dumping component part and stripped weapons in a bin that he had collected over the years. None of the weapons were capable of being fired without significant work from an experienced armourer. 9 months imprisonment
Cases post minimum sentence
Attorney-General's Reference No 128 of 2006 No: 200605840 A3 [2007] EWCA Crim 296
Possession of a CS gas canister 6 months consecutive to 18 months for possession of drugs
Attorney-General's Reference No 74 of 2006 No: 2006/3403/A1
19 year old (no minimum) possession of s5(1)(aba) firearm for short period no intention of using 48 weeks YOI (Court commented it was on the lenient side taking into account strong mitigating factors)
Attorney General's Reference (No.77 of 2003)
Defendant had supplied two handgunds s5(1)(aba) and ammunition to an undercover police officer as well as offering to supply two kilos of drugs. He received 5 years 6 months for the firearms offences
2005 WL 936844 (CA (Crim Div)), [2006] 1 Cr. App. R. (S.) 7, [2005] EWCA Crim 890
Three defendant converting blank firing weapons to fully functioning s5 firarms. Convicted of conspiracy and sented to 3 years each for three separate offence to run consecutively
Regina v Ashley Douglas [2006] EWCA Crim 232
defendant stopped with 9mmm ammunition in street. Home address searched and a s5(1)(aba) fireamr found in a cupboard. 6 years imprisonment
R v Lance Bennett [2006] EWCA Crim 210
Defendant seen trying to sell drugs. Challenged by police and resisted arrest. In his waistband was a prohibited revolver and 5 rounds of ammunition. Sentenced to 6 years imprisonment.
2005 WL 936844 (CA (Crim Div)), [2006] 1 Cr. App. R. (S.) 7, [2005] EWCA Crim 890
Guideline case on what is an exceptional circumstance not to receive a minimum sentence
Attorney General's Reference (No.7 of 2007), Re v No. 2007/00442/A9
No exceptional circumstance found for handling a sawn off pump action shotgun minumun sentence applied
Ancillary Orders:
Forfeiture & destruction
Consider Also:
Links:
